New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 41

41 Dispositions not to fail because issue have died before testator

(cf WPA 29)

(1) This section applies if--

(a) a testator makes a disposition of property to a person, whether as an individual or as a member of a class, who is issue of the testator (
"the original beneficiary" ), and

(b) under the will, the interest of the original beneficiary in the property does not come to an end on or before the original beneficiary's death, and

(c) the disposition is not a disposition of property to the testator's issue, without limitation as to remoteness, and

(d) the original beneficiary does not survive the testator for 30 days or, if that or another period for survival appears in the will, for the period appearing in the will.

(2) The issue of the original beneficiary who survive the testator for 30 days or, if that or another period for survival appears in the will, for the period appearing in the will, take the original beneficiary's share of the property in place of the original beneficiary as if the original beneficiary had died intestate leaving only issue surviving.

(3) Subsection (2) does not apply if a contrary intention appears in the will.

(5) A gift to persons as joint tenants on its own indicates a contrary intention for the purposes of subsection (3).